Use of intrusive powers within the parliamentary precinct

Question
of privilege regarding use of intrusive powers within the
parliamentary precinct

Summary of
recommendations

We recommend that the House adopt
the Protocol for release of information from
parliamentaryinformation and security systems
(page 14).

We recommend that the Government update the
Cabinet Manual to reflect that where an inquiry is
established under the Inquiries Act 2013, the exercise of
powers in relation to members of Parliament and the
parliamentary agencies will require recognition of
parliamentary privilege; and develop some standard terms of
reference for use in any inquiry where it appears that
powers may be exercised in relation to members and the
parliamentary agencies (page 16).

1
Introduction

On 11 July 2013 the Speaker ruled
that a question of privilege arose from issues raised in a
letter to him from Dr Russel Norman. The issues related to
the exercise of intrusive powers against members, and the
release of information from parliamentary information and
security systems. The question consequently stood referred
to this committee. The ruling is appended to this
report.

The particular incident involved the release of
information held on parliamentary information systems to the
author of Inquiry into the unauthorised release of
information relating tothe GCSB compliance review
report: The leak of the Kitteridge report. We were not
asked to investigate this matter as a contempt of privilege.
Nor were we asked to determine who was responsible for the
release. Instead, we were tasked with examining the
particular incident involving the release of information
from parliamentary information and security systems that led
to the question of privilege being referred, and the more
general issue of appropriate principles for access to and
release of information from parliamentary information and
security systems.

In December 2013 we presented to the
House our interim report on this question of privilege. Our
interim report set out a summary of the facts surrounding
the particular incident leading to the referral, which we
ascertained following a request for submissions from
interested parties and the hearing of oral evidence.

We
also set out in our interim report key issues highlighted by
the incident, which we signalled we would need to consider
further when developing our guidance in this area.

The
incident raised important questions about protecting the
privileges and immunities of the House, including the
freedom of speech of members, and the ability of Parliament
to maintain control within its precincts.

We have now
considered these issues further, and set out in this report
the principles and protocol we recommend should apply to
such requests for information from parliamentary information
and security systems.

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